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Page 1: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail
Page 2: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

Registry Outreach Contractual Compliance| ICANN 53 | 25 June 2015

Page 3: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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¤  Brief Update Since ICANN 52

¤  Registry Agreement Lessons Learned Summary ¤  Systems Update ¤  Communicating with Contractual Compliance ¤  Registry Metrics Update ¤  SLA Monitoring Proposed Changes

¤  Questions & Answers

Additional Slides Provided in Appendix:

¤  Audit Update ¤  RA Lessons Learned Guidelines ¤  Process Guidelines & Clarifications ¤  Policy Efforts ¤  Contractual Obligations Guidelines

Agenda

Page 4: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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RA Lessons Learned Summary

Abuse Contact Data Required elements to be published 1

2

3

4

Zone File Access Requirements (CZDS) Reasons for denial of access

Controlled Interruption (CI) Complying with Name Collision Assessment Letter(s)

Uniform Rapid Suspension (URS) Complying with lock and suspension requirements

5 List of Registered Domain Names (LORDN) Clarifications on uploading LORDN files to the Trademark Database

Page 5: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Improvements based upon community & contracted party feedback: ¤  Include ticket IDs and standardize subject headings for closure notices ¤  Provide auto confirmation email to all responses received by ICANN

between 1st Inquiry/Notice and the closure notice ¤  Soft launch of registrar weekly report of open (and recently closed) tickets ¤  Email [email protected] to sign-up for the Compliance Weekly Report ¤  Add closure reason for complaint being closed for “ICANN issue” ¤  Ensure automated closure notices are sent to the proper contacts Other improvements: ¤  Integrate [email protected] into complaint processing system ¤  Automate sending anonymous complaints by masking reporter

information when requested ¤  Clarify and simplify wording in the communication templates ¤  Additional speed/automation improvements

Systems updates since ICANN 52

Page 6: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Tips for communicating with ICANN Contractual Compliance ¤  Whitelist emails from icann.org

¤  Check that your mail servers are not blocking emails from ICANN

¤  Reply to compliance notices ASAP and state what you are doing

¤  But no later than notice deadline

¤  Early response allows for follow up and collaboration if insufficient

¤  Do not change the subject lines in any way when responding to compliance notices

¤  Make sure response + attachments are less than 4 MB size total

Communicating With Contractual Compliance

Page 7: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Registry Metrics Update (January – May 2015)

Registry  Complaints Quan3ty  Received

Closed  before  1st  inquiry  /  

no3ce

ICANN Issue

ZONE  FILE  ACCESS   312   70   0  

REGISTRY  DATA  ESCROW   133   2   3  

SLA   101   51   0  

REGISTRY  OTHER   73   41   1  RESERVED  NAMES/CONTROLLED  INTERRUPTION   61   33   0  

CODE  OF  CONDUCT   56   8   0  

REGISTRY  FEES   51   1   0  

MONTHLY  REPORT   33   2   0  

ABUSE  CONTACT  DATA   24   8   0  

BRDA   23   1   0  

URS   20   15   0  

BULK  ZFA   15   1   1  

RR-­‐DRP   9   10   0  

PIC   7   7   0  

SUNRISE   7   6   0  

MISCONDUCT   1   0   0  

CLAIMS  SERVICES   1   1   0  

BANKRUPTCY   0   2   0  

Total   927   259   5  

Registry  Turn  Around  Time    (TAT)   (in  days)  Avg  TAT  1st  NoLce   6.4  Avg  TAT  2nd  NoLce   6.1  Avg  TAT  3rd  NoLce   8.0  

Formal  No3ces   Volume  

Volume  Breach   0  

Volume  Non-­‐Renewal   0  

Volume  Suspension   0  

Volume  TerminaLon   0  

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Registry Complaint Types & Top Closure Reasons (January – May 2015)

DEA  noLce  fixed  64.3%  

Ry  Operator  noLce  fixed  

12.2%  Missed  deposit  

resumed  12.2%  

1st  deposit  iniLated  10.2%  

Invalid  TLD  1.0%  

Data  Escrow    

Ry  Demonstrated  Compliance  

44.5%  

Ry  Fixed  issue  34.0%  

ZFA  complaint  incomplete  

10.9%  

Duplicate  complaint  (open)  9.2%  

Duplicate  complaint  (closed)  1.3%  

Zone  File  Access  

Page 9: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Registry Complaint Types & Top Closure Reasons (January – May 2015)

Ry  Fixed  issue  48.8%  

Blocked  SLD  Confirmed  27.9%  

Ry  Demonstrated  Compliance  

11.6%  

Reserved  Name  protected  

9.3%  

Complaint  outside  of  scope  

(Ry)  2.3%  

Reserved  Names/  Controlled  Interrup3on    

Invalid  TLD  75.0%  

Requested  evidence  not  provided  1.6%  

Ry  Fixed  issue  23.4%  

SLA  

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Registry Complaint Types & Top Closure Reasons (January – May 2015)

Invalid  Ry  38.9%  

Contact  Data  published  50.0%  

Ry  Fixed  issue  11.1%  

Abuse  Contact  Data    

Ry  Demonstrated  Compliance  

40.0%  

Invalid  Ry  30.0%  

Ry  Fixed  issue  30.0%  

Code  of  Conduct  

Page 11: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

SLA Monitoring Proposed Changes

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Updates to SLA Monitoring Communications

Specification 10 of the Registry Agreement – EBERO Thresholds

¤  Currently: ICANN’s SLA Monitoring system sends automated alerts to Registry Operators when certain thresholds are met

¤  Registry Operators have been non-responsive/slow to respond

¤  Proposed: Additional communications sent to Registry Operators and Registry Service Providers that require acknowledgement

¤  SLA Monitoring alerts: emails and calls to Registry Operators and

Registry Service Providers at initial alert and 10%, 25%, 50%, 75% and 100% of threshold

¤  Compliance notices: escalated notice initially and breach notice at 100% of emergency threshold to Registry Operators

Page 13: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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SLA Monitoring Communications: DNS-DNSSEC

Trigger: Communication type: Means: To RO Contacts:

Initial incident

Compliance Escalated Notice Auto Email + Efax + Call Email: Primary, Legal, Compliance, Technical, 3 Emergency contacts Efax: Compliance contact Call: Compliance contact

10%, 25%, 50% & 75%

Tech Svcs SLA Monitoring Alert

Auto Email + Auto Call Email: Primary, Legal, Compliance, Technical, 3 Emergency contacts Call: Any of 3 Emergency contacts

100% Tech Svcs SLA Monitoring Alert

Auto Email + Auto Call Email: Technical, 3 Emergency contacts Call: Any of 3 Emergency contacts

100% Compliance Breach Notice (upon validation)

Email + Efax + Courier + Web

Email: Primary, Legal, Compliance contacts Efax: Legal contact Courier: Legal contact Web: Breach published on icann.org

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SLA Monitoring Communications: RDDS

Trigger: Communication type: Means: To RO Contacts:

10% Tech Svcs SLA Monitoring Alert Compliance Inquiry Notice

Auto Email + Auto Call Auto Email

SLA Email: Technical, 3 Emergency contacts SLA Call: Any of 3 Emergency contacts Compliance Email: Primary, Legal, Compliance contacts

25% & 50%

Tech Svcs SLA Monitoring Alert

Auto Email + Auto Call Email: Primary, Legal, Compliance, Technical, 3 Emergency contacts Call: Any of 3 Emergency contacts

75% Tech Svcs SLA Monitoring Alert

Auto Email + Auto Call Email: Technical, 3 Emergency contacts Call: Any of 3 Emergency contacts

75% Compliance Breach Notice (upon validation)

Auto Email + Efax + Courier + Web

Email: Primary, Legal, Compliance contacts Efax: Legal contact Courier: Legal contact Web: Breach published on icann.org

100% Tech Svcs SLA Monitoring Alert

Auto Email + Auto Call Email: Primary, Legal, Compliance, Technical, 3 Emergency contacts Call: Any of 3 Emergency contacts

Page 15: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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To: [email protected] Subject line: ICANN 53 Registry Outreach Session

Send compliance questions

Questions & Answers

The ICANN 53 presentations are available at: - The outreach page at this link https://www.icann.org/resources/compliance/outreach -  The ICANN 53 Schedule page at this link http://buenosaires53.icann.org/en/schedule-full for  access  to  meeLng  objecLve,  audio  and  material  by  meeLng.

Page 16: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

Appendix -  Audit Activities Update -  RA Lessons Learned Guidelines -  Policy Update -  Process Guidelines & Clarifications -  Contractual Obligations Guidelines

Page 17: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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New Registry Agreement Audit Program

¤  Launched another round in March 2015

¤  11 Registries selected

¤  Scheduled to complete July 2015

¤  The audit report will be published in September 2015

What’s Next?

¤  Preparing for 2013 RAA and future rounds of the new RA audits Link to the ICANN Contractual Compliance Audit Page: https://www.icann.org/resources/pages/audits-2012-02-25-en

Audit Activities since ICANN 52

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¤  Sample of 11 new gTLD Registry Operators selected for audit

¤  March 2015 RA Audit Outreach presentation can be found at this link: https://www.icann.org/resources/compliance/outreach

New Registry Agreement – March 2015 Audit

Page 19: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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New Registry Audit – Preliminary Results

Issue Importance Variances  or  missing    data  in  Data  Escrow  file  vs.  DNS  vs.  BRDA  vs.  zone  file

Correct  processing  and  maintenance  of  registraLon  data  is  required  for  restorability  and  to  protect  consumers

Monthly  reports:  number  of  domains  incorrectly  reported

Inaccurate  domain  counts  may  result  in  incorrect  reporLng  to  public  and  over  or  underpayment  of  fees

Abuse  contact  data:  missing  or  incorrect Abuse  contact  data  serves  the  community’s  needs  to  report  abuse

Orphan  Glue  Records:  orphan  glue  records  found  in  zone  file    

Orphan  glue  records  are  prone  to  be  used  for  malicious  purposes.

Registry-­‐Registrar  Agreements:  required  abuse  provision  missing    

Contract  language  regarding  abuse  informs  the  community  and  promotes  security

Page 20: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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New Registry Audit – Preliminary Results

Issue Importance Business  ConLnuity  Plan  does  not  exist  or  is  not  tested

To  ensure  that  Registry  operaLons  will  conLnue  in  case  of  failure  of  the  main  Registry  system.

Instances  of  trademarked  domains  (covered  labels)  not  included  in  LORDN  file

Trademark  owners  are  not  informed  about  their  trademark  being  registered

Registry  stated  that  it  will  use  only  TMCH  cerLfied  Registrars;  but  some  weren’t  cerLfied

To  ensure  non-­‐preferenLal  treatment  of  Registrars

Security  threats:  technical  analysis  not  performed    

Technical  analysis  and  threat  handling  procedures  essenLal  to  idenLfying  and  addressing  threats  efficiently

Page 21: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Registry Agreement Provisions under Consideration

Registry Agreement Clause Audit Objective / Community Value

GENERAL REPRESENTATIONS AND COMPLIANCE WITH POLICIES

1

Article 1.3 Representations and Warranties. 1.3 (a) ii.

To confirm that Registry Operator is still in good standing since application process.

2

Article 2.2 Compliance with Consensus Policies and Temporary Policies

To obtain an assurance that Registries are complying with applicable Consensus Policies – UDRP; Registry Services Evaluation Policy and Added Grace Period

DATA ESCROW SPECIFICATIONS COMPLIANCE

3

Article 2.3 Data Escrow; Specification 2

To confirm that content of the escrow deposits are per the contract and Registries are in good standing with DEAs.

Page 22: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Registry Agreement Provisions under Consideration

Registry Agreement Clause Audit Objective / Community Value

COMPLIANCE WITH POLICIES & SPECIFICATIONS

4 Article 2.4 Monthly Reporting;

Specification 3

To confirm the monthly Per-Registrar Transactions Report accurately represents the number of active domains.

5 Article 2.5 Publication of Registration

Data (Whois); Specification 4 To confirm compliance with Specification 4 (specifically Sections 1.4 – 1.7).

6 Article 2.6 Reserved Names; Specification 5

To confirm that Names that Registry Operators are obligated to reserve are actually reserved.

7

Article 2.6 Specification 6. Name Collision Occurrence Assessment (Blocked Second Level Domain Names)

To confirm that names that Registry Operators are obligated to block are actually blocked.

Page 23: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Registry Agreement Provisions under Consideration

Registry Agreement Clause Audit objective / Community value

COMPLIANCE WITH POLICIES & SPECIFICATIONS

8 Article 2.7 Registry Interoperability and Continuity; Specification 6

To confirm that Registry Operators have BCP (Business Continuity Plan) and it includes key provisions. To confirm that Registry Operator addresses orphan glue records appropriately (according to Spec 6, 4.2).

9 Article 2.7 Specification 6, 1.5 IPv6 To confirm that Registry Operator is able to accept IPv6 addresses.

10 Article 2.8 Protection of Legal Rights of Third Parties - (TMCH) Sunrise & Claims Periods; Specification 7

To confirm that Registry Operator implemented and adhered to the rights protection mechanisms (“RPMs”) specified in Specification 7.

Page 24: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Registry Agreement Provisions under Consideration

Registry Agreement Clause Audit objective / Community value

COMPLIANCE WITH POLICIES & SPECIFICATIONS

11 2.14 Registry Code of Conduct; Specification 9 Parts A, B, D To confirm compliance with Code of Conduct.

12 Article 2.17 Additional Public Interest Commitments; Specification 11

To confirm that Registry Operator complies with its public interest commitments as incorporated into Specification 11 of the Registry Agreement.

13 Article 2.19 Community- Based TLDs Obligations of Registry Operator to TLD Community; Specification 12

To confirm that Registry has a written Registration Policy and complied with it.

14 Specification 13. BRAND TLD PROVISIONS; 5.1 (ii)

To confirm that only Registry Operator, its Affiliates, or Trademark Licensees register domain names and control the DNS records associated with domain names at any level in the TLD.

Page 25: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

Registry Agreement Lessons Learned Guidelines

Page 26: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Required Elements to be Published & Guidance under Specification 6 ¤  Email address, mailing address and primary contact (may be role-based) ¤  On TLD’s webpage referencing abuse reports: ensure valid email address,

postal address and primary contact

¤  Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

¤  Links to abuse reporting forms ok, but forms must be in addition to

publishing email address ¤  Must be evident that abuse reports may be sent to the general postal

address being displayed, if used for abuse reporting

1. Abuse Contact Data

Page 27: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Replying to Requests & Reasons for Denial under Specification 4 ¤  Agreement is not explicit on when TLD must reply to requests for zone file

access

¤  Be reasonable, open and transparent ¤  Establish, publish and adhere to policy that informs end-users by when

they should reasonably expect a response

¤  ICANN inquiry forwards user complaints about pending requests

¤  Three reasons for denying access under Specification 4:

¤  Failure to satisfy credentialing requirements of Section 2.1.2

¤  Incorrect or illegitimate credentialing requirements of Section 2.1.2

¤  Reasonable belief that requestor will violate terms of Section 2.1.5

2. Zone File Access Requirements (CZDS)

Page 28: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Complying with Assessment Letter(s) and Approved CI Methodologies ¤  Ensure compliance with Wildcarded Controlled Interruption or Wildcarded

Second Level Domain (SLD) Controlled Interruption ¤  4 Aug 2014 Assessment letter

¤  12 Sep 2014 SLD Variations Letter

¤  Ensure zone files are available for ICANN review

¤  Ensure no SLDs on the SLD Block List are delegated

¤  Remove Pre-Delegation Testing (PDT) domains from zone file

3. Name Collision, Controlled Interruption

Page 29: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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3. Name Collision, Controlled Interruption (CI)

1 TLDs delegated on or after 18 Aug 2014 ¤  No activation of names (other than nic.tld ) for 90 days after delegation ¤  The TLD chooses when to start Controlled Interruption ¤  Implement CI per Section 1 of Name-Collision Occurrence Assessment (the

“Assessment”)

2

TLDs delegated before 18 Aug 2014 and names activated other than nic.tld ¤  The TLD chooses when to start CI; meanwhile, blocking SLDs on Alternate Path to

Delegation (APD) List ¤  Once CI starts, implement per Section II of Assessment and 12 Sep 2014 SLD

Controlled Interruption Variations ¤  After CI period ends, may release APD List per Section II (c) of Assessment

3 TLDs delegated on or after 18 Aug 2014 and no names activated, other than nic.tld ¤  The TLD chooses when to start Controlled Interruption ¤  Choose whether to follow Section I or II of the Assessment ¤  Implement CI per the chosen section of the Assessment

Page 30: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Complying with lock and suspension requirements ¤  Within 24 hours of receiving notice of complaint from URS provider, Registry

Operators must lock the domain

¤  Restrict all changes to registration data – including transfer and deletion ¤  Registry Operator must notify the URS provider immediately upon lock

¤  Upon receipt of determination, Registry Operator immediately suspends name and redirects nameservers to Provider’ informational URS site

¤  Whois shall reflect the name is not able to be transferred, deleted or modified for the life of the registration

¤  Lock, suspension and notification requirements must be met regardless of weekends, holidays or other absences

4. Uniform Rapid Suspension (URS)

Page 31: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Clarifications on submitting LORDN files to the Trademark Database (TMDB) ¤  TMCH Functional Specification requires LORDN files to be submitted to

TMDB within 26 hours of effective allocation for Sunrise and Claims registrations

¤  LORDN files required for all Claims period registrations, including those occurring in Claims periods reopened by TLD a Claims period

¤  TMDB Claims period clock begins at 00:00 UTC and ends at 23:59 UTC

¤  If TLD starts/stops Claims period at alternative times, it may receive inquiries for missing Claims notices from trademark holders

5. List of Registered Domain Names (LORDN)

Page 32: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

Policy Efforts and Updates

Page 33: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Actively contributing to the following Working Groups

¤  Public Interest Commitments Security Framework ¤  Registration Data Directory Service

¤  Effective 31 January 2016: Advisory on Whois Clarifications & Additional Whois Information Policy (AWIP)

Policy and Working Group Efforts

Page 34: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

Process Guidelines and Clarifications

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VS o  Sent regarding an alleged area of

noncompliance o  Proactive compliance monitoring (if

above applies) o  Complaint from third party (upon

validation) Note: Subject line will indicate whether Notice or Inquiry

Notice Inquiry

o  Information gathering is required o  No known compliance violation o  Proactive compliance monitoring

effort (if above applies) Note: Non-response to Inquiry may result in a Notice

Informal Resolution Process Guidelines

Escalated compliance notices apply to compliance matters that: ¤  Require immediate resolution  ¤  Are a repeat of a matter that was claimed to be previously cured ¤  Are grounds for termination (e.g., insolvency, conviction, stability issue)

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¤  Deadlines are generated on UTC time

¤  Due dates advance at 00:00 UTC 

¤  Staff processing across 3 global hubs

¤  Notices or inquiries sent on same day may have different deadlines

Informal Resolution Process – Clarifications

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NOTE: Early response allows for follow up and collaboration

¤  ICANN will generally send a follow up for: ¤  Insufficient response received before due date and time remains 

¤  Insufficient response received early and ICANN review/response past due date

¤  Extension requested by contracted party by due date (with reason) ¤  Clarification requested by contracted party before due date

¤  ICANN will advance to next phase for:

¤  No response from contracted party

¤  Insufficient response received near or on due date

Informal Resolution Process – Clarifications

Page 38: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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ICANN staff uses various contacts in the informal resolution process ¤  Registrars: 1-2-3 notices sent to designated email contacts depending on

complaint type; primary contact is also copied on 3rd notice and sent 3rd notice fax

¤  Registries: 1-2-3 notices and 3rd notice fax sent to compliance contact; primary contact and legal notice contact also copied on 3rd notice

¤  Reminder calls are made to contracted parties after 2nd and 3rd notices (if response is insufficient)

¤  Primary contact for registrars and compliance contact for registries 

¤  Telephone numbers are encouraged to be direct lines (rather than general customer service lines), with voicemail

Informal Resolution Process – Contacts

Page 39: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

Contractual Obligations Guidelines

Page 40: Registry Outreach - ICANN · postal address and primary contact ! Many TLDs are publishing email address, but missing postal address and primary contact for reports by postal mail

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Registry Program Scope

¤  The Registry Agreement and applicable Consensus Policies

¤  The Dispute Resolution Procedures

¤  Public Interest Commitments

¤  Community Registration Restrictions

¤  Trademark Post-Delegation

¤  Uniform Rapid Suspension

¤  The Sunrise Processes

¤  The Claims Services Processes

¤  The Audit is limited to the representations and warranties in Article 1, and

the covenants in Article 2

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Selected Obligations Due Upon Signing of the RA

¤  Comply with Temporary & Consensus Policies, as applicable (Spec 1)

¤  Reserve Special Domain Names (Spec 5)

¤  Meet Interoperability/Continuity Standards(Spec 6)

¤  Implement Rights Protection Mechanisms (Spec 7)

¤  Maintain Continued Operations Instrument (Spec 8)

¤  Comply with Code of Conduct (Spec 9)

¤  Comply with Public Interest Commitments (Spec 11)

¤  Implement Community Registration Policies, as applicable (Spec 12)

¤  Pay Registry RPM Access Fees (Article 6)

¤  Comply with Name-Collision Occurrence Assessment

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Selected Obligations Due Upon Delegation

¤  Ensure Daily Escrow Deposits are made and that

Escrow Agent delivers daily verification notifications (Spec 2) & Registry

notifies ICANN

¤  Submit Monthly Reports (Spec 3)

¤  Operate a WHOIS service & web-based RDDS per Spec 4

¤  Grant access to ICANN of daily Zone File (Spec 4, Section 2.3)

¤  Grant access to ICANN of weekly Thin Registration Data (Spec 4, Section 3)

¤  Maintain Registry Performance (Spec 10)

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Comply with Temporary & Consensus Policies

¤  Consensus Policies are developed by the community and adopted by the

ICANN Board

¤  Temporary Policies are ICANN Board-established specifications or policies

necessary to maintain stability or security of Registrar Services, Registry

Services, DNS or Internet

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Reserved Names Article 2.6 & Specification 5 of the Registry Agreement ¤  In part for Registry Operations and Marketing

¤  Other Requirements

¤  Two-character labels at the second level (unless otherwise approved by ICANN)

¤  Names on the list of Inter-governmental organizations (IGO), at the second level

¤  Names on the list of International Olympic Committee, International Red Cross & Red Crescent, at the second level

¤  Country and Territory names at all levels (and IDN variants as applicable)

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Registry Interoperability & Continuity Specifications Specification 6 of the Registry Agreement ¤  Compliance with Standards: DNS, EPP, DNSSEC, IDN, IPv6, IDN Tables

¤  Comply with relevant Request For Comments (RFC) ¤  Sign the TLD zone files implementing Domain Name System Security

Extensions (“DNSSEC”) sign its TLD zone files implementing Domain Name System Security Extensions

¤  Comply with the ICANN IDN Guidelines ¤  Accept IPv6 addresses as glue records in its Registry System and publish them

in the DNS ¤  Comply with Approved Registry Services & Wildcard Prohibition ¤  Establish a Business Continuity Plan & Conduct Annual Testing ¤  Publish Abuse Contact Data & Establish Process for Malicious Use of

Orphan Glue Records ¤  Requirements about Initial & Renewal Registrations ¤  Comply with Name Collision Occurrence Management

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TMCH Rights Protection Mechanisms (RPM)

Specification 7 of the Registry Agreement ¤  Comply with Trademark Clearinghouse Rights Protection Mechanisms

Requirements

¤  Comply with all dispute resolution procedures

¤  Uniform Rapid Suspension

¤  Lock domain within 24 hours of notice by URS provider and perform actions required upon notification of URS decision

¤  Registry Restriction Procedure and Trademark-Post Delegation Procedure

¤  Perform remedial actions if reporter of dispute prevails

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Trademark Clearinghouse RPM Requirements Sections 2.1.1 & 2.2.4 ¤  Definition: to “Allocate” is to “designate, assign, or otherwise earmark” a

Domain Name

¤  Subject to exceptions, Registry Operator cannot Allocate name to registrant that is not a Sunrise-eligible rights holder prior to Allocation or registrations of all Sunrise-Registrations

¤  Improper Allocation occurs regardless of sunrise preemption or whether the

earmarked name was converted to a registration

Improper Allocation / Earmarking

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Uniform Rapid Suspension

Specification 7 of the Registry Agreement ¤  Registry must lock domain in dispute under URS within 24 hours of receipt

of Notice of Lock from URS Provider

¤  If URS Provider submits complaint to ICANN, 1-2-3 expedited notices (24 hours each) to registry operator

¤  Registry must perform steps in Section 10.2 of URS procedure upon receipt

of URS Determination in favor of complainant

¤  ICANN enforces based on report by complainant that prevailed

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Registration Restriction Dispute Resolution Procedure

Specification 7 of the Registry Agreement ¤  Comply with community registration policies per Article 2.19 and

Specification 12

¤  ICANN conducts preliminary review of complaint to ensure it is complete, has claim of non‐compliance with at least one registration restriction and that reporter is in good standing

¤  If report passes initial review, complaint is sent to Registry Operator; if dispute remains unsettled reporter may file complaint with approved Service Provider

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Continued Operations Instrument (COI)

Specification 8 of the Registry Agreement ¤  COI for sufficient financial coverage of critical registry functions of Section

6 of Specification 10 (EBERO Thresholds)

¤  6 years from effective date of Registry Agreement

¤  If terminated or not renewed, required to obtain replacement COI

¤  No amendment without ICANN approval

¤  Subject to review and/or audit to determine sufficiency based on number of domains under management

¤  EBERO agreement fee table provides guidance

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COI Guidance – EBERO Agreement Fee Table https://www.icann.org/resources/pages/ebero-2013-04-02-en

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Code of Conduct

Specification 9 of the Registry Agreement

¤  Provide registrars equal access to Registry Services

¤  No front-running

¤  Requirements for Registry Operators with cross-ownership

¤  Must prevent unauthorized disclosures of Personal Data by Affiliated Registrar

¤  By 20 January of each year: submit Code of Conduct Certification to ICANN signed by TLD Executive and with results of review

¤  Separate legal entities and separate accounting books

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Public Interest Commitments Specification 11 of the Registry Agreement ¤  Comply with mandatory and voluntary (as applicable) commitments

¤  ICANN compliance can enforce PICs regardless of whether a PIC-DRP is filed.

¤  PIC-DRP: ICANN conducts preliminary review of complaint to ensure it is complete, has a claim of non‐compliance with at least one commitment, and that reporter is in good standing

¤  Registry and reporter have 30 days to resolve dispute; if unsettled ICANN investigates or defers to Standing Panel

¤  Standing panel has 15 days to return a decision to ICANN

¤  If reporter prevails ICANN sends notice of breach to Registry Operator and it has 30 days to cure

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Clarifications ¤  Who Executes the Certification

¤  “an executive officer of the Registry Operator”

¤  What to Submit ¤  Certification of Continued Compliance with Specification 13 Status

¤  Certification of Continued Compliance with Exemption Status

¤  Specification 9 Code of Conduct

¤  If vertically integrated and no Specification 13 or Exemption Status granted 

Annual Certifications

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Community Registration Policies

Specification 12 of the Registry Agreement

¤  Criteria for eligibility to register names

¤  Methods for validating Community eligibility

¤  Required to be member of specified Community

¤  Procedures for resolution of disputes concerning compliance with TLD registration policies

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Data Escrow Specification 2 of the Registry Agreement

¤  Daily deposits by the Registry Operator

¤  Sunday: full deposits to Data Escrow Agent by 23:59 UTC ¤  Full deposit consists of entire set of registry database objects as

defined

¤  Monday-Saturday: differential deposits by 23:59 UTC (or full deposit) ¤  Differential deposit includes all registry database objects that

have been created, deleted or updated since previous full or differential deposit

¤  Registry Operator must ensure that Data Escrow Agent sends daily status notifications to ICANN per Section 7, Part B

¤  Registry Operators also sends daily notification of deposit to ICANN per Section 7, Part A

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Monthly Reports

Specification 3 of the Registry Agreement

¤  Two reports are required

¤  Registry Functions Activity

¤  Per Registrar Transaction Report

¤  Registry Operator must provide one set per TLD, using API described in draft–lozano-icann-registry-interfaces, see Specification 2, Part A, Section 9, reference 5

¤  Reports are required to be uploaded by 20th day of month for any prior month TLD is delegated

¤  Even if TLD is delegated on last day of the month (e.g., TLD delegated 31 May, May reports must be uploaded by 20 June)

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WHOIS Service & RDDS

Specification 4, Section 1 of the Registry Agreement

¤  Operate a Whois service

¤  Operate a web-based Registration Data Directory Service

¤  31 January 2016 effective date for both Additional Whois Information Policy (AWIP) and Whois Advisory has been announced (https://www.icann.org/news/announcement-2015-04-27-en)

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Zone File Access

Specification 4, Section 2 of the Registry Agreement

¤  Must provide to ICANN, bulk access to the zone files by 00:00:00 UTC

¤  Must provide zone data to end users who request it through the Centralized Zone Data Service (CZDS)

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Weekly Access to Thin Registration Data

Specification 4, Section 3 of the Registry Agreement

¤  Must provide to ICANN, bulk access on the day of the week specified by ICANN during onboarding via the Onboarding Information Request (ONBIR)

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Maintain Registry Performance

Specification 10 of the Registry Agreement

¤  Meet the service level outlined in the Service Level Agreement matrix of Specification 10

¤  Maintain records for a period of at least one year

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Fees

Article 6 of the Registry Agreement

¤  Fees payable to ICANN are outlined in Article 6 of the Registry Agreement

¤  Invoiced to Registry Operator by ICANN Accounting department

¤  When fees are 30+ days past due and ICANN Accounting has exhausted attempts to obtain payment, past due fees are referred to ICANN Compliance

¤  Upon receipt of an ICANN Compliance fees notice:

¤  Respond to the Compliance notice by due date (whether payment has been made)

¤  Make payment to ICANN Accounting